Sawyer III v. Zenrose, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OZIEL SAWYER III, Case No. 21-cv-05140-DMR

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

PACIFIC BEACH HOUSE, LLC, Re: Dkt. No. 18 Defendant.

Plaintiff Oziel Sawyer III is an individual with a disability. He filed this case alleging that Defendant Pacific Beach House, LLC (“Pacific”) violated the “Reservations Rule” of the Americans with Disabilities Act (“ADA”). He brings claims under the ADA, 42 U.S.C. § 12101 et seq. and California’s Unruh Civil Rights Act, California Civil Code section 51. Pacific now moves pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss Sawyer’s amended complaint. [Docket No. 18.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, Pacific’s motion is denied. I. BACKGROUND 20 The following facts are taken from Sawyer’s amended complaint. Sawyer is an individual with a spine injury who uses a wheelchair. …